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manufacture, and distribution, and testing of GaRnabi are prohibited and banned in the <br />City of Santa Ana. <br />B. Any person operating a medicinal marijuana collective/cooperative (as <br />defined in Chapter 18 of this Code) as of December 14, 2017, or who has as RSP <br />application pending to operate a medicinal collective/cooperative, and has met all of the <br />requirements of Chapter 18, shall be allowed to apply for a Regulatory Safety Permit for <br />the sale of Adult -Use cannabis provided that they enter into the Adult -Use Cannabis <br />Retailer Operating Agreement with the City. <br />C. The Adult Use Commercial Cannabis Retailef Operating Agreement shall <br />be a legally binding written agreement between each Adult Use commercial cannabis <br />fetaN business operator and the City, executed by the City Manager, or his or her <br />designee, and in a form and substance satisfactory to the Executive Director of <br />Planning and Building and the City Attorney, and containing those provisions necessary <br />to ensure that the requirements of this article are satisfied. <br />Section 40-2. Definitions <br />The definitions are incorporated herein as fully set forth and are applicable to this <br />article. All definitions are intended to comply with those set forth by the State of <br />California for all commercial cannabis business Adult Use eannabic •a'^m' activities. <br />1. "Applicant' means a person who is required to file an application for a <br />permit under this article, including an individual owner, managing partner, officer of a <br />corporation, or any other operator, manager, employee, or agent of an ^a Adult Use <br />2. "Adult -Use" means cannabis or cannabis products that are intended to be <br />used for non -medicinal purposes by a person 21 years of age or older. <br />3. "Adult -Use Cannabis Retailer Operating Agreement," "Commercial <br />Cannabis Business Operating Agreement," or "Operating Agreement' means the <br />agreement entered into by and between the City and the commercial Adult Use <br />cannabis fetail business operator which will specify terms for local hiring and sourcing, <br />community benefit plans, and fees to compensate for authorized impacts on City <br />services. <br />4. "Adult -Use cannabis retail activity" includes the delivery, or sale of adult - <br />use cannabis or a cannabis product, except as set forth in Section 19319 of the <br />Business and Professions Code, related to qualifying patients and primary caregivers, <br />excepting medicinal cannabis retail. <br />Ordinance No. NS -XXX <br />Page 5 of 35 <br />75B-15 <br />